CA DEPT TRANSPORTATION 12 - 2003

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detailed herein; (ii) have previously received OCT A's and SCRRA's written approval to access the License Property to perfonn such day-to-day maintenance; (iii) comply with all OCTA and SCRRA requirements at all times while on the License Property, and (iv) perfonn all such maintenance work from entirely within the License Property. 4.4. As-Built Drawinas. Within ninety (90) days after the substantial completion of the construction and installation of the Facility, Licensee shall deliver to OCTA, for OCTA's review and approval, two (2) full sets of as-built drawings for the Facility (the "As- Built Drawings"). The As-Built Drawings are subject to the review and approval of OCTA, and shall be developed, altered and/or changed so as to meet the requirements of OCTA. At a minimum, however, such As-Built Drawings must: (i) be substantially of the fonn of the Work Plans approved by OCTA and SCRRA; (ii) include all changes to the Work Plans which were approved, in writing, by OCTA; (iii) show all improvements and construction perfonned by Licensee, or caused to be perfonned by Licensee, on the License Property; (iv) clearly indicate and label the area of the License Property; (v) show the centerline of all railroad tracks existing on the OCTA Property as of the date that construction and installation of the Facility was substantially complete; and (vi) show, to scale, on all overhead and cross section drawings the boundaries of the License Property, and the Facility with respect to the centerline of the mainline railroad track existing on the OCTA Property as of the date that construction and installation of the Facility was substantially complete. To the extent that the As-Built Drawings indicate or show that the Facility has not been constructed pursuant to the Work Plans approved by OCT A or any change thereto approved by OCTA, Licensee shall, at the request of OCTA or SCRRA, rebuild, reconstruct and/or reinstall the facility, at Licensee's sole cost and expense, so that the Facility will be constructed, located and installed in accordance with the approved Work Plans and the approved changes thereto. Failure to provide As-Built Drawings to OCTA as set forth herein shall be deemed a material breach of this Agreement. 5. Contractors-Approval and Insurance. All agents, contractors and subcontractors of Licensee perfonning construction work on the Facility or the License Property shall first be approved in writing by OCT A. Licensee shall cause any and all of its agents which may (a) be involved with such construction work, or (b) may, for any reason, need to enter onto the License Property, to obtain and maintain in full force and effect during the tenn of such construction work insurance, as required by OCTA, in the amounts and coverages specified on, and issued by insurance companies as described on Exhibit "B-1". OCTA reserves the right, throughout the tenn of this Agreement, to review and change the amount and type of insurance coverage it requires in connection with this Agreement. 8. Maintenance and Repair. Licensee, at Licensee's sole expense, shall maintain the License Property and the Facility in a condition satisfactory to OCTA during the Tenn of this Agreement and shall perfonn all maintenance and clean-up of the License Property and the Facility as necessary to keep the License Property and the Facility in good order and condition, to OCTA's satisfaction and in compliance with all applicable laws, codes, regulations and ordinances. Licensee shall be responsible for any citations issued by any agency having jurisdiction as a result of Licensee's failure to so comply. If any portion of the OCT A Property or the property of other authorized user of the railroad tracks (including Page 3 of 7